Revolutionary War Pension and Bounty Land Warrant Application File R. 3,586, Thomas Fitzgarrel, Va. Indian Campaign 1790

SERVICE
NUMBER _____
Va.
Fitzgarrel, Thomas
P 3,586
Indian Campaign 1790 CONTENTS
CONTENTS

Declaration
In order to obtain the benefit of the acts of Congress passed for granting pensions to soldiers who served in the Revolutionary War.
On the fifteenth day of August in the year of our Lord eighteen hundred & thirty eight; personally appeared in Open Court, before the County Court of St. Louis County, Thomas Fitzgerald , a resident of the County of St. Louis, in the State of Missouri, aged twenty-four years on the first day of March in the year eighteen hundred & thirty eight, who being first duly sworn on the Holy Evangelists of Almighty God, doth on his oath make the following declaration, in order to obtain the benefit of the acts of Congress passed for granting pensions to soldiers of the Revolution: That he entered into the service of the United States under the following named officers & served as herein stated; That is to say. He was drafted in the year of Seventeen hundred & eighty One, to serve on a tour of duty with the Virginia Militia, That he served in the company commanded by Captain William Grigsby, who belonged to the Virginia Militia in which he served three months & joined the Regiment of Virginia Militia commanded by Col. Elias Edmunds, at Morbin Hills. & served the three months of July, August & September in the year 1781. During which time he was in no battle or engagement, & received his discharge at Williamsburg, from Capt. Grigsby, verbally when he returned home.
Since the Revolutionary War, he was again drafted in the year 1790, to go against the Indians, From Fayette County Kentucky, & left Fayette County Kentucky about the first of August in that year under Captain George Taylor, for Cincinnati, where the company joined the main force which had been raised to go against the Indians, then under command there, of Genl. Harmer, The army left Cincinnati, about the last of August, & marched against the Indians, on the Maumee River,

& came to an Indian Village called Maumeo Town a few miles from St. Joseph & St. Mary's River - When they found that the Indians had burnt & destroyed their village & fled from the same, having obtained intelligence that the Americans were marching against them - Genl. Harmer sent a detachment of troops out to look for the Indians & marched himself west for the Pickaway Indian Town, which was only a short distance from there. He lived on this tour thirty two days, from the time left home, until he returned again. He was engaged in no skirmish or fight, but several detachments which had been sent out by Genl Harmer were cut up & nearly all killed by the Indians.
Sworn to & subscribed in Open court this fifteenth - day of August _____ 1838.
Henry Chouteau Clerk St. Louis County Court
Thomas Fitzgarnet
We Richard Henson Bromwell & Samuel Cahill of the County of Franklin, & state of Illinois; and Nelson Pepper of St. Louis County, in the state of Illinois, do hereby certify, that we are now acquainted with Thomas Fitzgarnet who has subscribed & sworn to the above declaration, that we believe him to be twenty-four years of age as stated in said declaration, that he is respected & believed in the neighborhood where he resides to have been a Soldier of the revolution & that we concur in that opinion,
Sworn to & subscribed in Open court, this Fifteenth day of August _____ 1838
Henry Chouteau Clerk St. Louis County Court
Samuel Cahill Richard H. Bromwell Nelson Pepper

And as the St. Louis County Court, being now held in Session for the August Term of said Court, in the year of our Lord one thousand eight hundred & thirty eight, propound the following Interrogatories to Thomas Fitzgerald, an Applicant for a pension, on account of Services as a Soldier in the Revolution, as stated in the foregoing declaration, & since that time.
1. Where & in what year were you born?
Answer - I was born in Fauquier County, Virginia, in the year 1764.
2. Have you any records of your age, & if so where is it?
Answer - Yes, my father had a small book which he made out of some sheets of paper, & in this book he set down all the ages of his children - On my father's death, my younger brother, Peter Fitzgerald took the records & brought it to this State, where he died some eighteen years ago in this County - & on the death of my brother, my son Jesse Fitzgerald took the family records spoken of, & has it now in the State of Illinois, where he has removed to.
3. Where were you living when called into Service; where have you lived since the Revolutionary War, & where do you now live?
Answer - When I was first called into Service I lived in Fauquier County Virginia; I lived in Virginia from the time I was born up to the month of May 1785. When I removed to Kentucky & settled in Fayette Mason County, where he resided I next removed to Fayette County & lived about three years, & afterwards removed again back to Mason County, within ten miles of Maysville, where I resided until the fall of 1823, when I removed from Kentucky & settled in Franklin County Missouri; where I resided three years & then removed into St. Louis County, about fifteen miles west of the city of St. Louis, where I have resided ever since & where I do now reside.
4. How were you called into Service: were you drafted, did you volunteer, or were you a Substitute?
Answer - I was drafted as stated in the foregoing declaration.

5. State the names of the Regular officers, who were with the troops where you served; such Continental and militia Regiments as you can recollect and the general circumstances of your service?
Answer - Captain William Grisby was my Captain; John O'Bannon was our Major; Elias Edmunds was our Colonel & General Stephen; all militia officers from Virginia were our officers; & the whole was under the command of General Lafayette, where we joined his command at Martin Hill Virginia.
6. Did you receive a discharge from the service and if so by whom was it given & what has become of it?
Answer - I did receive a verbal discharge from Capt. Grisby; who was very sick & unable to travel at the time.
7. State the names of persons to whom you are known, in your present neighborhood & who can testify as to your character for veracity & their belief of your service as a soldier of the Revolution:
Answer - David Hartshorn, Allen Sindall, Frederick L. Billon Captain William Hiler & all the rest of my neighbors to whom I am known.
Subscribed & sworn to before
me in Open Court this fifteenth day
of August 1838.
Henry Chouteau Clerk Saint Louis County Court
Thomas Fitzgarrel
34.8.18. Thomas Fitzgarrel Mipossu
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary soldier, & served as he states. And the Court further certify, that Aaron Braman, Samuel Cobill & Nelson Pepper who have signed the preceding certificate are residents of St. Louis & Franklin Counties and credible persons & that their statement is entitled to credit.
State of Missouri } ss. I, Henry Chouteau, Clerk of the County Court, County of St. Louis } do hereby certify, that the foregoing, within and for the County of one said do hereby certify, that the foregoing, contains the original proceedings, of the said Court, in the matter of the application of Thomas Fitzgarrel for a pension.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, at the city of St. Louis this fifteenth day of August in the year of our Lord one thousand eight hundred & thirty eight.
Henry Chouteau Clerk

29. 342.
Thomas Fitzgerald Missouri
Rejected service list Plan H. months
Henry Choteau St. Louis Missouri

WAR DEPARTMENT,
Pension Office,
30 th Jany. 1834.
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Thomas H. Fitzgerald
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1781. 3 priv- Col Edmunds Cap. Grigsby 19 years St. Louis County Mo.  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers ; the time he left the service ; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers ; ) the town or county and State in which he resided when he entered the service ; the battles, if any, in which he was engaged, and the country through which he marched. (This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.)]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deponeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It> It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit. 
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

March 5, 1937
XXXXXXXXXXXXXXXXXXXX
BA-J/REL Am
Thomas Fitzgarrel-R.3586
Miss Anne Fitzgerald #7 Greenough Avenue Jamaica Plain, Massachusetts
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War record of a soldier with the surname Fitzgerald, in whose behalf one John P. Darby, of Saint Louis, Missouri, was interested in the matter of securing a pension for said soldier, who lived in Saint Louis County, Missouri.
The Revolutionary War records have been searched and the record found of a Thomas Fitzgarrel, of Missouri, which may be the record of the soldier in whom you are interested. His history is given herein as found in the papers on file in Revolutionary War pension claim, R.3586, based upon his military service.
Thomas Fitzgarrel was born in Fauquier County, Virginia, March 1, 1764. The names of his parents are not shown.
While residing in said Fauquier County, Thomas Fitzgarrel enlisted in 1781, served as a private in Captain William Grigsby's Company, Colonel E. Edmunds' Virginia Regiment, under the command of the Marquis De Lafayette and was discharged a few days before the surrender of Cornwallis, having served three months. He did not state any service at the time the battle of King's Mountain was fought and made the statement that he was in no battle or engagement during his service.
Could not identify any officers except Col. E. (Edmunds)
In May, 1785, Thomas Fitzgarrel moved from Virginia "to the western country" and settled in Mason County, Kentucky, then moved to Fayette County, that state. While residing in said Fayette County, he enlisted August 1, 1790, in Captain George Taylor's Company of Militia, marched to Cincinnati and joined the forces under General Harmer, and about the last of August, 1790, marched against the Indians on the Maumee River but on arriving at the village of the Indians found that the savages had fled first burning their own village. He stated that he served sixty-two days in this service.

After the termination of the last named service, Thomas Fitzgarrel returned to Mason County, Kentucky, and lived within ten miles of Maysville, that county, until 1823, when he moved to Franklin County, Missouri, lived there three years, then moved to Saint Louis County, Missouri, about fifteen miles west of the city of Saint Louis.
November 7, 1833, while residing in said Saint Louis County, Thomas Fitzgarrel applied for the pension which might have been due on account of his service in the Revolutionary War and also in the Indian War, subsequent thereto.
His claim was not allowed as he did not render service of six months in the Revolutionary War as required by the Act of June 7, 1832, under which he applied, and the service in the Indian War subsequent to the Revolution was not provided for by the said act.
There are no data in regard to wife or children and the date of death of the soldier is not shown.
Soldier referred to his younger brother, Peter, who died in Saint Louis County, Missouri, about 1820 and to Peter's son, Jesse, who was living in Illinois in 1838.
April 12, 1839, one John F. Darby, of Saint Louis, Missouri, addressed a letter to the Commissioner of Pensions in behalf of this soldier's claim for pension.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator.

1935 Mar 5 - Hirt Co Minchane Fitzgerald - Ed
Acts of July 14, 1862, and March 3, 1873.
REJECTED
3086
P. O. Thomas Fitzgerald
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Printed list of 1852 shows cause of re-
Application filed: _____, 18 "not in months Revolutionary service."
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____
_____ Recognized. _____ Contr
_____ Cert. of Dis. Searched for _____, 18

Act 7. June 1832
Rejected
Service less than 6 months
See letter to party 1834
Henry Schoenly Esq. St. Louis Missouri

Thomas Fitzgerald Missouri
Rejected
let 24 Aug 1839
Inst. Harb
did not serve six months during revolty war
Act 7 June 1832

St Louis Missouri
30 th Jany 1834
Copy
Recorded Vol. 25. Page 315

War Department Pension Office 30 th Jan y 1834
Sir
The claim of Thomas Fitzgerald has been examined he alleges to have served but three months during the war of the Revolution for as the Act of the 7 th June 1832. provides only for those who served six months the claim is disallowed and the papers will remain on the files of this office
I am Sir
Very Respectfully Your obed Servt J. L. E.
Henry Chouteau Esq. St. Louis Missouri

Q1224 No. Th. Fitzgerald A.C. 6-1832.
Free
J. G. Edwards Esq. Commissioner of Pensions Washington-City

Hon: J. L. Carrico: Commissioner of Pensions: Washington City.
A. Lewis Missouri. 12 April 1839.
Sir:
I wait upon you, with the enclosed declaration of Thomas Fitzgerald, of this County, an applicant for a pension; — The applicant being aged & infirm and unable personally to attend to business, has had his papers prepared since last summer; but has omitted to have them forwarded, until now; upon whose request to me, I have enclosed to you.
I have the honor to be Very respectfully & John F. Darby

MISS ANNE FITZGERALD 7 GREENOUGH AVENUE JAMAICA PLAIN, MASS.
January 25, 1937
Veterans Administration Revolutionary War Records Washington, D.C.
Dear Sirs:
I have been informed that an 1880 newspaper clipping from the St. Louis Republican, containing an article by John P. Darby, states: "When I had become a member of the St. Louis Bar, more than fifty years ago (i.e., about 1830) I did obtain a pension, under the laws of the U.S., for David Musick in Ferdinand Township, in St. Louis County; for Thomas Fitzwater, and an old man named Fitzgerald, of Bonhomme Township, in the same county, principally on the ground that they had been soldiers in the Revolutionary War and had been engaged in the Battle of King's Mountain, in that desperate engagement".
Can you tell me whether you have any record of a pension to "an old man named Fitzgerald" in this county, and anything about him, or his family? The State Historical Society, Madison, Wisconsin, in their Calendar of Tennessee and King's Mountain Papers, mention a Thomas Fitzgerald who served at King's Mountain, and was in the regular Army in 1790. Possibly they were the same person. I should be grateful if you would look in the Tennessee records, also. Would there be likely to be any Regular Army records of 1790 which might give information, and where should I inquire about them?
I shall be most grateful for any help you can give me on this matter.
Sincerely yours,
Anne Fitzgerald
P.S. (over)

I think I asked last summer if there was any record of a Thomas Fitzgerald from Virginia. However, recently came across a mention of Thomas Fitzgerald in Morgan's Rifle Reg. They were mostly Virginians, I believe.

John F. Darby,
Aug. 21 1839
O.K.

411 War Dept. Pen Offin Augt 20. 1835
Sir
The papers in the cases of Thomas Fitzgerald under act of 7 th June 1832 have been examined. He alleges to have served a term as a militiaman of Virginia in 1780 of three months duration, and in 1780 another term of two months against the Indians. The last alleged service was after the termination of the revolutionary war which is not provided for by the act of 7 June 1832. That act provides for none who did not perform six months service during said war. The claim has consequently been rejected and the papers filed in this offin.
John F. Harby Esq St Louis. Mo.
ante.

Statement showing the service of Thomas Fitzgerald of St Louis County Missouri

State of Missouri County of Saint-Louis } Yet
On this seventh day of November in the year one thousand eight hundred & thirty three - personally before the County Court of the County of St. Louis, Thomas Fitzgerald a resident of the said County of St. Louis, State of Missouri aged sixty nine years, the first day of last March, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7 th 1832.
That in his eighteenth year, he was drafted into the Militia, and called into the actual service of the United States in the year 1781, and served in Edmonds' regiment of Virginia Militia, under the following named officers viz: Col: C. Edmonds - Major O'Rannon - Capt: Wm. Grigsby - Lieut: John Marker - Militia Genl. Stephens - Commander "The Marquis" de la Fayette. He was mustered into service in Fayette County, and then marched to a place called Shubin Hills on James River, and remained in the service three months, constantly marching to & fro and was relieved and discharged, at Williamsburg, a few weeks before the surrender of Cornwallis at Yorktown.
He further states that in the year 1785 he removed to the west & settled in Fayette County Kentucky, where in 1790 he marched in a Militia Company under Captain George Taylor and joined General Harman's command at Cincinnati, & marched with the army to the Maumee river, and served a tour of two months.

He has no written discharge, no documentary evidence to prove his services.
Sworn to & subscribed before Thomas Fitzgarnel me in open court this 7 th day of November 1833.
Henry Chouteau clerk
We Samuel Cahill & Richard H. Brammell & Nelson Pepper residing in the County of St Louis, Mo do hereby certify that we are well acquainted with Thomas Fitzgarnel who has subscribed hereto the above decla- ration, and that we believe him to be about seventy years of age, that he is a respectable trustworthy man, whose statements we think entitled to credit; and moreover, that it is reputed generally believed in the neighbor- hood where he resides, that he served in the revolutionary war, in the Virginia militia, and also in Harmar's cam- paign, as is stated in his declaration.
Sworn to & subscribed before me in open court this 7 th day of November 1833.
Samuel Cahill Richard H. Brammell Nelson Pepper
Henry Chouteau clerk
Whereupon, the county court within and for the county of St Louis in the state of Missouri do hereby declare their opinion that the above named applicant was a revolu- tionary soldier, and served as he states. And the court certify that Samuel Cahill Richard H. Brammell and Nelson Pepper, who have signed the preceding certificate are residents of said county, credible persons, and that their statement is entitled to credit.
I, Henry Chouteau, clerk of the county court aforesaid, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Thomas

Fitzgerald for a pension.
In testimony whereof, I have hereunto set my hand and affixed the seal of said court, at the City of St. Louis this seventh day of November in the year of our Lord eighteen hundred and thirty three.
Henry Chouteau Clerk